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Manslaughter case against Marine sniper under way [Sgt John Winnick]
North County Times ^ | July 1, 2008 | MARK WALKER

Posted on 07/01/2008 1:16:51 PM PDT by RedRover

CAMP PENDLETON -- A Marine sniper charged with two counts of manslaughter and two counts of assault in the shooting of four Syrians last year had the authority to shoot suspected insurgents if he deemed they posed a threat, his platoon commander testified Tuesday morning.

Lt. Dominic Corabi, commander of a scout sniper platoon from Camp Pendleton's 3rd Battalion, 1st Marine Regiment, said Sgt. John "Johnny" Winnick II had that authority when he led a six-man surveillance team on a mission near Lake Tharthar in the Anbar province of Iraq on June 17.

Winnick, 24, a San Diego native and 2002 graduate of Del Mar's Winston High School, is the subject of an investigative hearing taking place at the base to determine if the charges against him should stand.

"They were told to be prepared to engage targets of opportunity," Corabi testified, adding members of sniper teams were routinely taught that a surveillance mission can quickly transition to combat.

Winnick's sniper team was watching a mosque and abandoned store for possible insurgent activity when a series of vehicles stopped at an intersection with men emerging and appearing to plant a roadside bomb, team member Sgt. Alexander Wazenkewitz testified.

Shortly after those vehicles departed, an 18-wheel truck drove up and stopped near the same spot with the driver getting out, crawling under the truck and removing a black bag, Wazenkewitz said. Three other men then climbed out of the cab, he said.

"It looked the guy was laying down an IED," Wazenkewitz said. "It was definitely a threat."

At that point, Wazenkewitz said Winnick fired a shot from his sniper rifle at the truck driver and directed the five men he was leading to "suppress the vehicle," meaning they were to fire at the other men and at the truck to disable it.

Under questioning from Winnick's attorney Gary Myers, Wazenkewitz said he believed what the squad did that day was within the military's rules of engagement.

"If you think the guy is a threat and should be shot, you do it," he said.

Wazenkewitz called Winnick, whose parents and family members sat in the gallery watching the hearing unfold in a small base courtroom, a "great teacher and leader."

The incident took place as the unit was about a month into an Iraqi assignment. It was the squad's first engagement.

Wazenkewitz also testified that Marines had been told the insurgency was moving away from regular explosives to construct roadside bombs and was beginning to use the more portable and less detectable compounds such as ammonium nitrate. The truck they fired on disappeared from the intersection within hours of the shooting and was never searched, Wazenkewitz said.

Capt. Jeffrey King is presiding over the hearing as the investigative officer. When it concludes, he will write a recommendation stating whether he believes there is sufficient evidence to warrant Winnick face trial by court-martial.

The manslaughter charges against him allege that he killed one of the Syrians and killed or directed fire that killed a second man. The assault charges allege he ordered his men to fire at the other two, committing all the acts in violation of the rules of engagement.

Winnick was on his fourth combat assignment when the incident took place.

Winnick's case is the fourth involving local Marines accused of unlawful civilian killings in Iraq. He is expected to make an unsworn statement, meaning whatever he says is not subject to cross-examination by prosecutors.

If ordered to trial and convicted, Winnick could be sentenced to as much as 40 years in prison and a dishonorable discharge.


TOPICS: Extended News; Foreign Affairs; Government; News/Current Events
KEYWORDS: marines; usmc; winnick
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To: RedRover
"four Syrians?

Uhh... is the judge going to allow evidence regarding if these ..syrians..were terrorists or just on vacation, a religious pilgrimage perhaps, to one of iraq's many "holy" cities? Maybe they were kneeling down to pray./sarc.

Appears that everywhere muhammad(may pigs be upon him) took a dump is a "holy" city.

21 posted on 07/01/2008 2:22:33 PM PDT by Eagles6 ( Typical White Guy: Christian, Constitutionalist, Heterosexual, Redneck)
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To: Citizen Tom Paine; All
This guy deserves our support.

Couldn't agree more. If anyone wants to leave a message of support for the family, click on the picture link below...


22 posted on 07/01/2008 2:23:36 PM PDT by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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To: 4woodenboats

I’m sure they were planting date palms alongside the road.

It takes two teams, two vehicles, a truck, and a black bag.

And they place them right under the road where vehicles travel because date palms like to hitchhike. (That’s how they get dates.)

/sarc


23 posted on 07/01/2008 2:25:02 PM PDT by xzins (Retired Army Chaplain -- Those denying the War was Necessary Do NOT Support the Troops!)
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To: jazusamo

This is a complete head-scratcher, jaz. They sound like defense witnesses but that’s not how these hearings go. What the heck is the prosecution’s case?


24 posted on 07/01/2008 2:39:15 PM PDT by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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To: RedRover

Those were my exact thoughts, Red, the prosecution always goes first.

The only thing I can figure is the prosecution wants to go through the formality that Sgt. Winnick and his men did shoot at them but can’t figure why they’d have to.


25 posted on 07/01/2008 2:48:17 PM PDT by jazusamo (DefendOurMarines.org | DefendOurTroops.org)
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To: Girlene; 4woodenboats

I’m assuming they didn’t find an IED (maybe because the truck got away) and that the dead Syrians weren’t on an insurgent database.

Maybe the two wounded Syrians told doctors they were innocent and that’s why charges were brought.

In any case, Sgt Winnick may have prevented an IED from being planted. You never get credit for catastrophes you prevent. But to get charged with murder and assault under these circumstances is insane.


26 posted on 07/01/2008 3:03:52 PM PDT by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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To: RedRover
In yesterday's report this same writer, Mark Walker, referred to the civilians as "Iraqi civilians".
Today they're back to "four Syrians", which was what I thought I read last week.
27 posted on 07/01/2008 3:08:39 PM PDT by Lancey Howard
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To: RedRover
In any case, Sgt Winnick may have prevented an IED from being planted. You never get credit for catastrophes you prevent. But to get charged with murder and assault under these circumstances is insane.

Agreed. I have a feeling the Marine Corps is about up to here with this crap. I predict there will be no charges.
Them Syrians shoulda stayed in Syria.

28 posted on 07/01/2008 3:12:47 PM PDT by Lancey Howard
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To: RedRover

I said:I wonder what is the standard?

You said:Based on what’s been reported so far, I’d say there is none. I hope this prosecution makes more sense when we’ve heard about the whole day’s testimony.

My thought: If there is nothing more to this, I find it disgusting that this soldier is even being investigated.

You said:BTW, I also agree with your tagline—and he can bring the Del-Tones with him

My thought: The Ventures finally made it this year (the 23rd induction ceremony), so there may be some hope. I read that Dick Dale is battling cancer again. He was to have surgery in April. I hope all is well with him. He is one of a kind.


29 posted on 07/01/2008 3:16:57 PM PDT by free_for_now (No Dick Dale in the R&R HOF? - for shame!)
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To: tatsinfla

They killed Four Syrians? These Marines should be getting medals.


30 posted on 07/01/2008 3:28:44 PM PDT by mass55th
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To: RedRover; Lancey Howard
There were several mass graves found around Lake Tharthar in 2007. From ID Clues Rare in Mass Graves in Iraq

....More than 150 bodies have been unearthed in recent months from mass graves around Lake Tharthar. It's seen as the grisly legacy of al-Qaida control of Iraq's western deserts until being ousted early this year in an uprising by local tribes. The revolt was spurred — at least in part — by their claims of extremist brutalities.......

Based on analysis of one of these mass graves, ...Authorities said most of the dead were probably travelers going to Jordan or Syria.

Did the incident that Winnick's charged with happen in the middle of the Sunni Awakening?
31 posted on 07/01/2008 3:31:37 PM PDT by Girlene
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To: Eagles6
Appears that everywhere muhammad(may pigs be upon him) took a dump is a "holy" city.

So that's where the term "Holy Shite" came from.

32 posted on 07/01/2008 3:40:33 PM PDT by 4woodenboats (DefendOurMarines.org Defend Our Troops.org Free Evan Vela)
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To: 4woodenboats; xzins; RedRover; Lancey Howard; jazusamo; All
More info. from Tony Perry, LA Times, Marine snipers' killing rules have never been clear, lieutenant testifies . Very interesting.
33 posted on 07/01/2008 3:49:21 PM PDT by Girlene
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To: RedRover

So according to the report from the accused Marine’s officers, this shooting was well within the rules of engagement. So what’s the beef?

They took a skilled Marine scout sniper off the line less than a month into his tour. They probably restricted his entire squad while they were questioned — losing their services for a significant period. And for what? So that we could show Syria our ‘due dilligence’? That country that was building a NK-Nuke reactor right under our noses (until the Israeli’s took it out). Doesn’t anybody have a backbone anymore?

I wonder how many IED’s got laid successfuly in that sector of Anbar Province because the RCT in that area didn’t have enough observers to cover the ground. How many Humvee’s & their soldier/sailor/Marine drivers got wasted? How many Iraqi civilians got hurt?

This is beyond Stupidity. It’s criminal — the prosecution that is. / Rant OFF


34 posted on 07/01/2008 3:49:58 PM PDT by Tallguy (Tagline is offline till something better comes along...)
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To: RedRover

Yet more Marines being punished for performing their duty.


35 posted on 07/01/2008 3:52:25 PM PDT by Marine_Uncle (Duncan Hunter was our best choice...Now we are left with a bunch of idiots.)
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To: Girlene; Lancey Howard; jazusamo; 4woodenboats; All
The hearing is getting more coverage than I expected. There's an AP piece on the wire and this in the San Diego Union Tribune...

Motives in killing of Iraqi civilians traded at Article 32 hearing

CAMP PENDLETON -- Was Sgt. John Winnick II following the military's rules of engagement when he fatally shot two Iraqi civilians and possibly injured two others last July 17? Or was he a trigger-happy killer who failed to make sure those civilians posed a risk to him and his sniper unit?

The questions were debated Tuesday by prosecutors and Winnick's defense team during an Article 32 hearing at Camp Pendleton. The proceeding will help determine whether Winnick is court-martialed on charges of voluntary manslaughter, aggravated assault and failure to obey orders or regulations.

If convicted, he could be imprisoned for 40 years and receive a dishonorable discharge.

Winnick is a San Diego native who graduated from Winston High School in Del Mar in 2002. He was on his fourth combat tour when the incident that led to the court proceedings took place near Lake Tharthar in the Anbar province of western Iraq.

On that day, he and five other members of a sniper team were monitoring a mosque and an abandoned store for insurgents. They became suspicious when a succession of vehicles stopped on a nearby road and looked like they were planting a roadside bomb, Sgt. Alexander Wazenkewitz, a team member, testified Tuesday.

Awhile after those vehicles left, an 18-wheel truck stopped at almost the same spot and the driver got out to remove a bag under the truck, Wazenkewitz said.

Winnick shot the driver to death with his rifle and ordered his men to disable the truck. In the ensuing moments, Winnick killed another Iraqi civilian and either he or his Marines injured two more. The truck wasn't searched before it was removed from the site.

As the Article 32 hearing continues, witnesses are expected to testify about the complexity of the military's rules of engagement. Those regulations have been interpreted differently by the Marine Corps' legal and intelligence officers, according to their comments in previous cases involving allegedly unlawful killings of Iraqis.

Capt. Jeffrey King is overseeing Winnick's Article 32 session. Later on, he will recommend to Lt. Gen. Samuel Helland, the convening authority in the case, whether Winnick should go to trial.

Winnick is a member of the Camp Pendleton-based 3rd Battalion, 1st Marine Division. He was working with the 13th Marine Expeditionary Unit, also based at Camp Pendleton, when the Lake Tharthar incident occurred.

Winnick pre-enlisted in the Marines at age 17 and became a combat veteran at 20.

His battlefield exploits in the 2004 battle of Fallujah, Iraq, caught the eye of author Bing West.

In the book "No True Glory: A Frontline Account of the Battle for Falljuah," Bing described the intensity of the fighting and Winick's actions: "They rushed down to the street. As they moved up the alley, Lance Cpl. John Winnick, a machine-gunner, ran toward (Lt. Jesse) Grapes with a (rocket-propelled grenade) launcher and a bag full of rockets."

"Sir, can I shoot these back at them?" Winnick yelled.

"Do you know how to use that thing?" Grapes asked.

Winnick had never held or fired the launcher during combat, but he convinced Grapes to let him do it then. He fired twice, blowing open a gate and then hitting a fuel drum inside a house as Marines cheered.

"In minutes the fire had spread through the first floor, and the insurgents had fled," Bing wrote.

Winnick's family and friends have create a Web site to support him and seek donations for his legal defense.

Five Marines posted comments on the site, including Wazenkewitz.

"I was at John's side on June 17th and I would have done everything exactly the same. He did nothing wrong," Wazenkewitz wrote. "I have nothing but respect for that man and would take a bullet for him any day."

36 posted on 07/01/2008 3:56:08 PM PDT by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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To: RedRover
According to Tony Perry's piece, LA Times,

"Marine snipers were never given clear rules about when they could kill a suspected insurgent at long range, a platoon commander testified today at a hearing for a sniper charged with manslaughter and assault in the killing of two Syrians and the wounding of two others.

Lt. Dominic Corabi said that as he and his Marines deployed to Iraq, he tried and failed to get clarification from senior officers about what constitutes "positive identification" and "hostile intent," terms in the official rules of engagement that dictate when Marines can use deadly force.

Enlisted Marines, Corabi said, were worried that their combat decisions could be second-guessed later and that, like the Marines involved in the Haditha killings of 2005, they could find themselves facing criminal charges.

"Their main message was, 'I don't want to ruin my career doing something I think is right and the Marine Corps doesn't,' " Corabi said."
37 posted on 07/01/2008 4:03:04 PM PDT by Girlene
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To: RedRover

can the middle finger be used as a trigger finger....


38 posted on 07/01/2008 4:12:53 PM PDT by lilycicero (trigger happy...whatever......)
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To: Girlene

If Perry’s there, too, this is definitely getting more coverage than I expected!

I haven’t seen anything yet that leads me to think there’s a real case here. But that’ll be up to Capt King and Gen Helland.

BTW, I mentioned somewhere else that Capt King is also part of the Chessani defense team. That gives me more confidence that he’ll be impartial and just look at the evidence.


39 posted on 07/01/2008 4:12:58 PM PDT by RedRover (DefendOurMarines.org | DefendOurTroops.org)
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To: Girlene; RedRover

Thanks to you both.

It seems that Perry’s piece is somewhat different than the other two.

Don’t know what to think about the company commander warning snipers that “the Marine Corps eats its young.” Doesn’t seem like a very good way of installing morale in your men, depending on the circumstances and the way it was said.

Glad this is getting the coverage that it is. So far I would say the public should be supporting Sgt. Winnick and his Marines.


40 posted on 07/01/2008 4:13:53 PM PDT by jazusamo (DefendOurMarines.org | DefendOurTroops.org)
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